City of Trenton, NJ Tobacco and Nicotine-Delivery Products

No person shall sell, distribute or give tobacco or nicotine-delivery products (including electronic smoking devices) in the City of Trenton unless the owner or an employee of the establishment controls the sale of such products. A person may only sell, furnish or give tobacco or nicotine-delivery products (including electronic smoking devices) in a direct, face-to-face exchange between the tobacco retailer and the consumer. Self-service displays and vending machines of tobacco or nicotine-delivery products (including electronic smoking devices) shall be prohibited.

No person shall sell, distribute, or give tobacco or nicotine-delivery products (including electronic smoking devices) to any person under the age of 21 years, unless the receiver possesses a valid medical prescription for such products.

Tobacco retailers and licensed retail electronic smoking device establishments shall conspicuously post and reasonably maintain signs having a minimum size of six inches by eight inches where tobacco and/or nicotine-delivery products (including electronic smoking devices) are displayed and at all check-out counters notifying customers that proof of age is required to purchase such products.

In accordance with Title 21, § 1140.14, of the Code of Federal Regulations and NJ Rev. Stat. § 54-40A, any person selling tobacco and/or nicotine-delivery products (including electronic smoking devices) shall verify by means of government-issued photographic identification containing the bearer's date of birth that no person purchasing the tobacco and/or nicotine-delivery products (including electronic smoking devices) is younger than 21 years of age. No such verification is required for any person over the age of 26. No clerk or other employee shall sell tobacco and/or nicotine-delivery products (including electronic smoking devices) to a person less than 21 years of age based on a note or any form of communication from any person.

No person or retailer selling tobacco and/or nicotine-delivery products (including electronic smoking devices) shall allow an employee, manager, owner, or other individual to sell or distribute such products unless he or she has read the Trenton Board of Health Code and state laws pertaining to the sale or distribution of tobacco and/or nicotine-delivery products (including electronic smoking devices) and has signed a statement that the employee has read such code and state laws. Form statements will be supplied by the Department of Health and Human Services, and the original signed original statements shall be filed with the Department, and a copy shall be kept on file by the retailer and made available for review by the Health Officer.

The sale of any electronic smoking device refill liquid, powders, gels, waxes or other forms of tobacco, nicotine, or other substances that are intended for human consumption that are not contained in packaging that is child-resistant, whether or not such substance contains nicotine, is prohibited as set forth in N.J.S.A. 2A:170-51.9 et seq.

In addition to the provisions in this chapter, any sale of tobacco, nicotine-delivery, or electronic smoking device products must comply with any and all relevant state and federal laws governing such products.

§ 280-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

DEPARTMENT OF HEALTH AND HUMAN SERVICES

The City of Trenton Department of Health and Human Services.

[Added 12-19-2019 by Ord. No. 19-77]

DIVISION OF HEALTH

The City of Trenton Division of Health.

ELECTRONIC SMOKING DEVICE

An electronic or other powered device that can be used to deliver nicotine, nicotine oil or other substances to the person inhaling from the device, including but not limited to an electronic cigarette, cigar, cigarillo, or pipe, or any cartridge or component of such a device or related products, including but not limited to any substances used in such devices, such as liquids or powders.

[Added 12-19-2019 by Ord. No. 19-77]

EMPLOYEE

Any person who is employed by any employer for direct or indirect monetary wages or profit, including but not limited to those employed full time, part time, temporarily, or contracted from a third party; the term "employee" also means any person who serves as a volunteer for a business, nonprofit organization, or other entity.

[Added 12-19-2019 by Ord. No. 19-77]

EMPLOYER

Any person, business, nonprofit organization, or other entity which employs the services of one or more persons.

[Added 12-19-2019 by Ord. No. 19-77]

HEALTH OFFICER

The Director of the Division of Health and/or his or her authorized representative.

NICOTINE-DELIVERY PRODUCT

Any product that is designed to deliver nicotine, nicotine or non-nicotine vapor, or any other substances, including but not limited to what are commonly known as "e-cigarettes" or other types of electronic smoking devices, or any cartridge or other component of such device, or related products, including but not limited to any substances used in such devices, such as liquids, powders, gels, waxes or other forms of tobacco, nicotine or other substances, but excluding United States Food and Drug Administration-approved nicotine patches or nicotine chewing gum.

[Amended 12-19-2019 by Ord. No. 19-77]

PERSON

An individual, partnership, cooperative, association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.

RETAIL ELECTRONIC SMOKING DEVICE ESTABLISHMENT

A physical establishment duly licensed by the Board of Health, that sells, offers for sale, gives, distributes, or furnishes electronic smoking devices designed for consumption through inhalation.

[Added 12-19-2019 by Ord. No. 19-77]

SELF-SERVICE DISPLAY

Any display promotion of tobacco products or nicotine-delivery products (including electronic smoking devices) in any area of a retail establishment not located behind a sales counter and within the grasp of the public so as to permit self-service.

[Added 12-19-2019 by Ord. No. 19-77]

TOBACCO

Any product made from the tobacco plant for the purpose of smoking, chewing, inhaling and other personal use, including but not limited to cigars, chewing tobacco, pipe tobacco, snuff, and cigarettes in any form.

TOBACCO RETAILER

Any person, or entity that operates a store, stand, booth, concession, or place at which sales of tobacco or nicotine-delivery products are made to purchasers for consumption or use. The term shall also mean any person or entity that owns, operates or uses a tobacco vending machine.

TOBACCO VENDING MACHINE

Any automated, self-service device which, upon insertion of money, tokens, or other forms of payment, dispenses nicotine-delivery products (including electronic smoking devices), cigarettes, or other tobacco products.

[Amended 12-19-2019 by Ord. No. 19-77]

§ 280-3 Enforcement.

The enforcement authority for this chapter shall be the City of Trenton Health Officer or his/her designee, and/or the Trenton Police Department. Any person found to be in violation of any provision of this chapter may be ordered by the Municipal Court to cease the sale of any and all tobacco or nicotine-delivery products (including electronic smoking devices), which shall be in addition to the penalties established herein.

[Amended 12-19-2019 by Ord. No. 19-77]

The Health Officer may, after giving proper identification, inspect any matter, thing, premises, place, person, record, vehicle, incident, or event as necessary to execute his or her official duties in a manner prescribed by law.

It shall be unlawful for any person to molest, willfully oppose, verbally abuse or otherwise obstruct the Health Officer in his enforcement of this chapter, and the Health Officer may request the assistance of the Trenton Police Department or other police agency or peace officer when necessary to execute his or her official duties in a manner prescribed by law.

Whenever the Health Officer and/or his or her designee reasonably believes there exists a violation of any provision of this chapter, he or she may issue a notice of violation and complaint after discovery of the alleged violation. The complaint shall be written and shall state with reasonable particularity the nature of the violation, including reference to the provision of this chapter that is alleged to have been violated. The Trenton Police Department may also issue a summons or other notice as appropriate if it is determined that a violation has occurred. Any complaints shall be heard in the Trenton Municipal Court.

[Added 12-19-2019 by Ord. No. 19-77[1]]

[1]

Editor's Note: This ordinance also redesignated former Subsection D as Subsection E.

Citizens, employees, or business patrols may bring complaints against the violators of this chapter by registering the complaint with the Health Officer or his/her designee.

[Amended 12-19-2019 by Ord. No. 19-77]

§ 280-4 Violations and penalties.

[Amended 12-19-2019 by Ord. No. 19-77]

A person who violates the provisions of this chapter, including but not limited to any employee of a retail dealer licensee under P.L. 1948, c. 65 (N.J.S.A. 54:40A-1 et seq.), who actually sells, distributes or gives or otherwise provides tobacco or nicotine-delivery products to a person under 21 years of age, shall be liable to a civil penalty of not less than $250 for the first violation, not less than $500 for the second violation, and not less than $1,000 for the third and each subsequent violation. Complaints shall be made in the Municipal Court of the City of Trenton or before such other judicial officer having authority under the laws of the State of New Jersey. Fees collected as a result of penalties allowed under this section shall be designated for use by the Division of Health.

Each sale, distribution, or giving of tobacco and/or a nicotine-delivery product (including electronic smoking devices) to any person under the age of 21 or any other violation of a provision of this chapter shall constitute a separate violation.

In addition to the penalties set forth in § 280-4A above, the City of Trenton Division of Health may suspend the retail food establishment license of any person convicted of violation of this chapter, for a period of not more than three days, pursuant to the authority of the Division of Health to license and regulate food establishments as provided by N.J.S.A. 26:3-31(c). The Health Officer or his or her designee may also suspend or revoke a retail electronic smoking device establishment license.

The foregoing civil penalties are in addition to any penalties that may be imposed under N.J.S.A. 2A:170-51.1 et seq. and N.J.S.A. 2C:33-12.1 et seq.

The defenses enumerated in N.J.S.A. 2A:170-51.4b and N.J.S.A. 2C:33-13.1b shall constitute defenses to any prosecution brought pursuant to § 280-1B.

Fines associated with this chapter shall be paid to the City of Trenton, maintained by the City's Chief Financial Officer, and directed to the Department of Health and Human Services.

§ 280-5 License required; fees.

[Added 12-19-2019 by Ord. No. 19-77]

No person shall conduct, maintain, or operate a retail electronic smoking device establishment that sells, offers for sale at any cost or no cost, distributes, furnishes, or gives electronic smoking devices without first obtaining from the Department of Health and Human Services a license to do so on the premises.

A license shall be required for each individual location of a retail electronic smoking device establishment. Should multiple locations be owned or operated by a single entity, each location shall still require a unique license.

Applicants seeking to obtain a license shall file a written application with the Department of Health and Human Services on a form to be furnished by the City. The application must be accompanied by the correct fees as provided herein before it can be processed.

Upon receipt of the completed application and fees, the Department of Health and Human Services shall process the application and, if complete and all requirements are met, issue the license within 14 days. The license shall list the name and address of the establishment in addition to the effective dates of the license. In the event that the application is not complete or there is any reason to deny the application, the applicant shall be notified in writing within the fourteen-day time period.

No itinerant establishments or vendors shall be permitted to obtain a retail electronic smoking device establishment license.

Fees in accordance with the following schedule shall be paid before any license required in this article shall be issued:

(1)

Annual retail electronic smoking device establishment license fee: $750.

(2)

The term of each license shall commence on January 1 and expire on December 31 of each year. There shall be no proration of license fees, regardless of when the license is obtained.

Licenses issued under the provisions of this chapter, unless forfeited to or revoked by the Board of Health, shall be valid beginning on January 1 and shall expire annually on the 31st day of December (or other dates as determined by the Health Officer or his or her designee) or whenever the licensed establishment is no longer operating as a retail electronic smoking device establishment, whichever occurs first.

Such license shall be posted in a conspicuous place in such establishment.

All licensing fees shall be paid to the City of Trenton, maintained by the City's Chief Financial Officer, and directed to the Department of Health and Human Services.

§ 280-6 License transfers; "pocket" licenses.

[Added 12-19-2019 by Ord. No. 19-77]

No license shall be transferable by sale or otherwise; a license is valid only for the specific premises and person listed thereon.

No "pocket" license shall be issued, and no existing license shall be converted to a "pocket" license.

§ 280-7 Self-service tobacco products, nicotine-delivery products, or electronic smoking devices.

[Added 12-19-2019 by Ord. No. 19-77]

It shall be unlawful to sell, offer for sale, give, distribute, or furnish tobacco or nicotine-delivery products (including electronic smoking devices) from a self-service display.

All vending machines dispensing tobacco products, nicotine-delivery products, electronic smoking devices, and/or other related products are prohibited.

All self-service displays considered unlawful under the terms of this chapter shall be removed.

§ 280-8 Smoking and use of electronic smoking devices in public places.

[Added 12-19-2019 by Ord. No. 19-77]

Pursuant to § 54-8 of the Trenton City Code, smoking or use of electronic smoking devices shall be prohibited in all public parks and recreation facilities owned or leased by the City of Trenton and all property owned or leased by the City of Trenton upon which the public is invited or upon which the public is permitted and where individuals gather for recreational activities, including all areas adjacent to such facilities, including but not limited to any parking area, driveway, or drive aisle, which have been designated with no-smoking signs.

Smoking or use of electronic smoking devices shall be prohibited in any vehicle registered to the City of Trenton.

Smoking or use of electronic smoking devices shall be prohibited in restaurants in accordance with all relevant state and local laws.

Pursuant to N.J.A.C 8:6-2.2, smoking shall be prohibited inside any public place or workplace.

Pursuant to N.J.A.C 8:6-2.3, smoking shall be prohibited at an exterior area if smoking in the exterior area results in migration, seepage, or recirculation of smoke to an indoor public place or a workplace at which smoking is prohibited.

§ 280-9 Effective date.

[Added 12-19-2019 by Ord. No. 19-77]

The amendments to this chapter shall take effect upon final adoption and publication in the manner provided by law but shall not become operational until January 1, 2020.[1] Any retail electronic smoking device establishment must obtain a license as described in § 280-5 by January 1, 2020.

[1]

Editor's Note: Refers to the amendments made 12-19-2019 by Ord. No. 19-77.